H-1417.1
SUBSTITUTE HOUSE BILL 1207
State of Washington | 66th Legislature | 2019 Regular Session |
ByHouse Housing, Community Development & Veterans (originally sponsored by Representatives Ryu, Jenkin, Dolan, and Pollet)
READ FIRST TIME 02/07/19.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. The legislature finds that manufactured housing communities provide significant opportunity for affordable housing, but at the same time, vacancy rates in established communities are very low. Siting a replacement manufactured home on a manufactured housing community lot is basic to a landlord's right to continue in business and to provide opportunity for housing that is needed. From the time of establishment of a manufactured housing community, the lot sizes and setback and separation distances within should remain intact for any subsequent replacement of manufactured homes on particular lots. Imposing undue burdens and new restrictions for the siting of replacement manufactured homes may deem lots unusable as home sites thus, exacerbating the low vacancy rates and reducing affordable housing opportunities. The legislature intends to provide protection for manufactured housing communities by authorizing the siting of replacement homes on existing lots within established manufactured housing communities abiding by those lot sizes, setback and separation distances, and other requirements that were in place at the time the manufactured housing communities were established.
Sec. 2. RCW
35.21.684 and 2009 c 79 s 1 are each amended to read as follows:
(1) A city or town may not adopt an ordinance that has the effect, directly or indirectly, of discriminating against consumers' choices in the placement or use of a home in such a manner that is not equally applicable to all homes. Homes built to 42 U.S.C. Sec. 5401-5403 standards (as amended in 2000) must be regulated for the purposes of siting in the same manner as site built homes, factory built homes, or homes built to any other state construction or local design standard. However, except as provided in subsection (2) of this section, any city or town may require that:
(a) A manufactured home be a new manufactured home;
(b) The manufactured home be set upon a permanent foundation, as specified by the manufacturer, and that the space from the bottom of the home to the ground be enclosed by concrete or an approved concrete product which can be either load bearing or decorative;
(c) The manufactured home comply with all local design standards applicable to all other homes within the neighborhood in which the manufactured home is to be located;
(d) The home is thermally equivalent to the state energy code; and
(e) The manufactured home otherwise meets all other requirements for a designated manufactured home as defined in RCW
35.63.160.
A city with a population of one hundred thirty-five thousand or more may choose to designate its building official as the person responsible for issuing all permits, including department of labor and industries permits issued under chapter
43.22 RCW in accordance with an interlocal agreement under chapter
39.34 RCW, for alterations, remodeling, or expansion of manufactured housing located within the city limits under this section.
(2) A city or town may not adopt an ordinance that has the effect, directly or indirectly, of restricting the location of manufactured/mobile homes in manufactured/mobile home communities that were legally in existence before June 12, 2008, based exclusively on the age or dimensions of the manufactured/mobile home. A city or town must allow the siting of a replacement manufactured/mobile home on an existing site if the replacement home fits on the existing footprint of the manufactured/mobile home it is replacing. This does not preclude a city or town from restricting the location of a manufactured/mobile home in manufactured/mobile home communities for any other reason including, but not limited to, failure to comply with fire, safety, or other local ordinances or state laws related to manufactured/mobile homes.
(3) Except as provided under subsection (4) of this section, a city or town may not adopt an ordinance that has the effect, directly or indirectly, of preventing the entry or requiring the removal of a recreational vehicle used as a primary residence in manufactured/mobile home communities.
(4) Subsection (3) of this section does not apply to any local ordinance or state law that:
(a) Imposes fire, safety, or other regulations related to recreational vehicles;
(b) Requires utility hookups in manufactured/mobile home communities to meet state or federal building code standards for manufactured/mobile home communities; or
(c) Includes both of the following provisions:
(i) A recreational vehicle must contain at least one internal toilet and at least one internal shower; and
(ii) If the requirement in (c)(i) of this subsection is not met, a manufactured/mobile home community must provide toilets and showers.
(5) For the purposes of this section, "manufactured/mobile home community" has the same meaning as in RCW
59.20.030.
(6) This section does not override any legally recorded covenants or deed restrictions of record.
(7) This section does not affect the authority granted under chapter
43.22 RCW.
Sec. 3. RCW
35A.21.312 and 2009 c 79 s 2 are each amended to read as follows:
(1) A code city may not adopt an ordinance that has the effect, directly or indirectly, of discriminating against consumers' choices in the placement or use of a home in such a manner that is not equally applicable to all homes. Homes built to 42 U.S.C. Sec. 5401-5403 standards (as amended in 2000) must be regulated for the purposes of siting in the same manner as site built homes, factory built homes, or homes built to any other state construction or local design standard. However, except as provided in subsection (2) of this section, any code city may require that:
(a) A manufactured home be a new manufactured home;
(b) The manufactured home be set upon a permanent foundation, as specified by the manufacturer, and that the space from the bottom of the home to the ground be enclosed by concrete or an approved concrete product which can be either load bearing or decorative;
(c) The manufactured home comply with all local design standards applicable to all other homes within the neighborhood in which the manufactured home is to be located;
(d) The home is thermally equivalent to the state energy code; and
(e) The manufactured home otherwise meets all other requirements for a designated manufactured home as defined in RCW
35.63.160.
A code city with a population of one hundred thirty-five thousand or more may choose to designate its building official as the person responsible for issuing all permits, including department of labor and industries permits issued under chapter
43.22 RCW in accordance with an interlocal agreement under chapter
39.34 RCW, for alterations, remodeling, or expansion of manufactured housing located within the city limits under this section.
(2) A code city may not adopt an ordinance that has the effect, directly or indirectly, of restricting the location of manufactured/mobile homes in manufactured/mobile home communities that were legally in existence before June 12, 2008, based exclusively on the age or dimensions of the manufactured/mobile home. A code city must allow the siting of a replacement manufactured/mobile home on an existing site if the replacement home fits on the existing footprint of the manufactured/mobile home it is replacing. This does not preclude a code city from restricting the location of a manufactured/mobile home in manufactured/mobile home communities for any other reason including, but not limited to, failure to comply with fire, safety, or other local ordinances or state laws related to manufactured/mobile homes.
(3) Except as provided under subsection (4) of this section, a code city may not adopt an ordinance that has the effect, directly or indirectly, of preventing the entry or requiring the removal of a recreational vehicle used as a primary residence in manufactured/mobile home communities.
(4) Subsection (3) of this section does not apply to any local ordinance or state law that:
(a) Imposes fire, safety, or other regulations related to recreational vehicles;
(b) Requires utility hookups in manufactured/mobile home communities to meet state or federal building code standards for manufactured/mobile home communities or recreational vehicle parks; or
(c) Includes both of the following provisions:
(i) A recreational vehicle must contain at least one internal toilet and at least one internal shower; and
(ii) If the requirement in (c)(i) of this subsection is not met, a manufactured/mobile home community must provide toilets and showers.
(5) For the purposes of this section, "manufactured/mobile home community" has the same meaning as in RCW
59.20.030.
(6) This section does not override any legally recorded covenants or deed restrictions of record.
(7) This section does not affect the authority granted under chapter
43.22 RCW.
Sec. 4. RCW
36.01.225 and 2009 c 79 s 3 are each amended to read as follows:
(1) A county may not adopt an ordinance that has the effect, directly or indirectly, of discriminating against consumers' choices in the placement or use of a home in such a manner that is not equally applicable to all homes. Homes built to 42 U.S.C. Sec. 5401-5403 standards (as amended in 2000) must be regulated for the purposes of siting in the same manner as site built homes, factory built homes, or homes built to any other state construction or local design standard. However, except as provided in subsection (2) of this section, any county may require that:
(a) A manufactured home be a new manufactured home;
(b) The manufactured home be set upon a permanent foundation, as specified by the manufacturer, and that the space from the bottom of the home to the ground be enclosed by concrete or an approved concrete product which can be either load bearing or decorative;
(c) The manufactured home comply with all local design standards applicable to all other homes within the neighborhood in which the manufactured home is to be located;
(d) The home is thermally equivalent to the state energy code; and
(e) The manufactured home otherwise meets all other requirements for a designated manufactured home as defined in RCW
35.63.160.
(2) A county may not adopt an ordinance that has the effect, directly or indirectly, of restricting the location of manufactured/mobile homes in manufactured/mobile home communities, as defined in RCW
59.20.030, which were legally in existence before June 12, 2008, based exclusively on the age or dimensions of the manufactured/mobile home.
A county must allow the siting of a replacement manufactured/mobile home on an existing site if the replacement home fits on the existing footprint of the manufactured/mobile home it is replacing. This does not preclude a county from restricting the location of a manufactured/mobile home in manufactured/mobile home communities for any other reason including, but not limited to, failure to comply with fire, safety, or other local ordinances or state laws related to manufactured/mobile homes.
(3) A county may not adopt an ordinance that has the effect, directly or indirectly, of preventing the entry or requiring the removal of a recreational vehicle used as a primary residence in manufactured/mobile home communities, as defined in RCW
59.20.030, unless the recreational vehicle fails to comply with the fire, safety, or other local ordinances or state laws related to recreational vehicles.
(4) This section does not override any legally recorded covenants or deed restrictions of record.
(5) This section does not affect the authority granted under chapter
43.22 RCW.
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